Allowed

Khobhari Mukhiya @ Khobari Mukhiya and Anr. v. The State of Bihar

Patna HC23 Apr 2019CR. MISC./3100/2019

Case brief

AI extract

What is this about?

An oral order allowing an application for anticipatory bail in a case alleging assault and arson. The court granted bail on surrender with a refundable bond of Rs. 25,000 and two sureties under Section 438 CrPC.

What did the court decide?

Application allowed; petitioners to surrender within six weeks to be released on bail with bond of Rs. 25,000 and two sureties.

Khobhari Mukhiya @ Khobari Mukhiya and Anr. Vs The State of… — Anticipatory Bail | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3100 of 2019

¶2

Arising Out of PS. Case No.-1204 Year-2015 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran

¶3

======================================================

¶4

Khobhari Mukhiya @ Khobari Mukhiya, son of Late jamuna Mukhiya Both resident of village- Sargatiya, P.S. - Gopalpur, distt.- West Champaran .

¶5

Bachhan Mukhiya, son of Late Jamunna Mukhiya, both resident of villag - Sargatiya, P.S - Gopalpur, Distt.- West Champaran.

¶6

... ... Petitioner/s

¶7

Versus

¶8

The State of Bihar Bihar

¶9

Ramayan Sah Baidhnath Sah R/o village - Sargatia P.s. - Gopalpur, DisttWest Champaran.

¶10

... ... Opposite Party/s

¶11

======================================================

¶12

Appearance :

¶13

For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr.Surendra Kumar ======================================================

¶14

CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

¶15

5 23-04-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 1204C/2015, disclosing offences under Sections 427/436 of the Indian Penal Code.

¶16

Allegation against the petitioners is of assaulting the

¶17

complainant and setting his hut on fire causing damage to articles worth Rs. Fifty thousand.

¶18

Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and petitioner no. 1 is the order giver only. It has also been submitted that there is land dispute between the parties and they are neighbours.

¶19

Heard learned A.P.P. also.

¶20

Patna High Court CR. MISC. No.3100 of 2019(5) dt.23-04-2019 2/2

¶21

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1^st Class, Bettiah, West Champaran, in connection with Complaint Case No. 1204C/2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

¶22

(Vinod Kumar Sinha, J)

¶23

sunilkumar/-

¶24

U T

Khobhari Mukhiya @ Khobari Mukhiya and Anr. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Khobhari Mukhiya @ Khobari Mukhiya and Anr. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Baliram Yadav @ Bal Ram Yadav and Ors. Vs The State Of Bihar

Bikash Kumar @ Bikash Kamati Vs State Of Bihar and Anr.

Kameshwar Bhagat Vs State Of Bihar and Anr.

Rahul Kumar Singh @ Bambam Kumar Vs State Of Bihar and Anr.

Mintu Mali @ Mintu Malakar and Ors. Vs The State of Bihar

Suraj Kumar @ Suraj Kumar Singh Vs The State Of Bihar